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have resulted from the order or request of a municipal, state, federal, administrative or judicial authority,
or otherwise. The foregoing covenant shall not constitute or create a waiver of any rights the Borrower
may have to pursue any legal rights or remedies against any third party for any environmental claims.
(k) Non-discrimination. The Borrower will not discriminate, and will require each contractor,
subcontractor and commercial tenant of the Project to covenant that it will not discriminate by reason of
race, creed, color, handicap, national origin or sex in the employment of any Person employed by it in
connection with the Project or working in or on the Project. The Borrower will require each manager of
the Project to covenant that in the leasing of the Project it will not discriminate by reason of race, creed,
color, handicap, national origin or sex.
(l) Patriot Act. The Borrower covenants and agrees to provide documentation as reasonably
requested or required by the Trustee to enable the Trustee to comply with the requirements of the USA
Patriot Act as described in Section 13.13 of the Indenture.
Section 5.6 Additional Indebtedness. The FHA Insured Mortgage Loan and any other
subordinate loans from subordinate lenders consistent with the Borrower鈥檚 plan of finance are all permitted
Indebtedness. In addition, so long as no Event of Default or default hereunder shall have occurred and be
continuing, the Borrower shall be permitted to incur any additional Indebtedness for any Project Cost or
other costs associated with the Project or other obligation or payment due under this Loan Agreement, the
Indenture or the Regulatory Agreement.
Section 5.7 Nature of Business. The Borrower will not change the general character of its
business as conducted at the date of execution of the Loan Agreement or engage in any type of business not
reasonably related to its business as normally conducted.
Section 5.8 Cooperation in Enforcement of Regulatory Agreement. In order to maintain
the exclusion from gross income under federal tax law of interest on the Bonds and to assure compliance
with the laws of the Commonwealth (including the Act), the Borrower hereby agrees that it shall,
concurrently with or before the execution and delivery of the Bonds, execute and deliver and cause to be
recorded the Regulatory Agreement. The Borrower hereby covenants and agrees as follows:
(a) to comply with all provisions of the Regulatory Agreement;
(b) to advise the Issuer in writing promptly upon learning of any default with respect to the
covenants, obligations and agreements of the Borrower set forth in the Regulatory Agreement;
(c) upon written direction by the Issuer, to cooperate fully and promptly with the Issuer in
enforcing the terms and provisions of the Regulatory Agreement; and
(d) to file in accordance with the time limits established by the Regulatory Agreement all
reports and certificates required thereunder, and the annual certification to the Secretary of the Treasury
required by the Regulatory Agreement.
The Issuer shall not incur any liability in the event of any breach or violation of the Regulatory
Agreement by the Borrower, and the Borrower agrees to indemnify the Issuer from any claim or liability
for such breach pursuant to Section 5.3 hereof.
Section 5.9 Tax-Exempt Status of the Bonds.
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